Chapter 21 Employment Discrimination Flashcards
Title 7 of Civil Rights Act prohibits discrimination applies to
- Employers/Labor unions of 15 or more
- Most federal government employment
- Labor Unions that operate hiring halls
True of or false, discrimination has to be intentional.
False
Disparate Treatment Discrimination is also known as
Intentional discrimination
A Prima Facie (At first Site) discrimination case is presumed to be true unless contradicted and it requires a plaintiff show all of these 4
- Plaintiff is a protected Class
- Plaintiff applied and qualified for job in question
- Plaintiff was rejected by employer
- Employer continued to seek applicants or filled the position with a person not in a protected class
These Cases can be rebutted by employer
Prima Facie Cases
Constructive Discharge
When work environment is so hostile that it results in a person quitting as though they were discharged
Disparate-impact Discrimination is
When a protected group is adversely affected by practices, procedures, or tests
2 ways to demonstrate disparate impact discrimination
- Pool of applicants
2. Rate of Hiring - 4/5th rule - if one group has a pass rate 4/5ths as good as the other group
True or false, Quotas are discriminatory?
True
Prima Facie Case can be rebutted by employer showing the examination is
Job Related
2 Affirmative defenses of employers
- have taken reasonable care to prevent and promptly correct any sexually harassing behavior (i.e. effective harassment policies and complaint procedures)
- employee unreasonably failed to follow policies and procedures
If supervisor is harasser
Employer is automatically liable
If harasser is not supervisor, its a negligence case
-Have to show the company knew or should have known of the behavior
2 Components of Age Discrimination
- Threshold of 40 years
2. Applicable to employers of 20 or more
Elements of ADEA discharge claim
Burden is on employer
- member of protected age group
- Qualified for position from which they were discharged
- Discharged because of age discrimination